from the well-that's-revealing dept

Over the past few months, one thing we keep hearing over and over again from defenders of the intelligence community is that everything is under control and "legal" because Congress has powerful oversight. We've shown, repeatedly, how that's something of a joke. The intelligence community has lied repeatedly, has withheld documents and is generally nonresponsive to oversight attempts by Congress. And, with the reports that the CIA spied on the Senate Intelligence Committee, we also find out that for all the bluster and talk of oversight, folks in Congress are actually scared by the intelligence community.

In response to Senator Dianne Feinstein's speech last week calling out the CIA for spying on her staffers, Rep. Nancy Pelosi was asked to comment and gave what might be the most revealing comments to date as to why Congress is so scared of the CIA:

“I salute Sen. Feinstein,” Pelosi said at her weekly news conference of the chairwoman of the Senate Intelligence Committee. “I’ll tell you, you take on the intelligence community, you’re a person of courage, and she does not do that lightly. Not without evidence, and when I say evidence, documentation of what it is that she is putting forth.”

Pelosi added that she has always fought for checks and balances on CIA activity and its interactions with Congress: “You don’t fight it without a price because they come after you and they don’t always tell the truth.

A few months back, the ACLU had posted something questioning whether or not the intelligence community might be blackmailing Congress. And, quite frequently when we write about the intelligence community, we see suggestions in the comments that certain politicians probably cover for the NSA and CIA because they know what those agencies "have on them." I've always dismissed those kinds of claims as being a bit far-fetched, even if they have plenty of historical precedent. So far, there's certainly been no direct evidence of that happening.

And yet... Pelosi's comments certainly seem to hint at even more nefarious activity by the intelligence community against politicians who dare to actually do the job of oversight. The point of that ACLU post linked above is that, even if it's not happening, the fact that we can't definitively rule it out is a serious problem for democracy. And just the fact that some of the most powerful members of Congress, who are theoretically in charge of oversight, are now publicly admitting that they're scared of how the CIA fights back when they take them on, suggests that the intelligence community really is rotten to the core. And Congressional oversight, as it stands today, is clearly not able to deal with the issue by itself.

from the journalism! dept

Earlier this week, we pointed out that many in the press had fallen for CIA Director John Brennan's "non-denial denial" over Senator Dianne Feinstein's accusations that the CIA had improperly searched the network over Senate Intelligence Committee staffers who were researching the CIA's torture program. Even more incredibly, later that same day, Brennan released the letter he had written Feinstein back in January, which actually confirms basically everything she said.

John Brennan, who has been CIA director for a year, quickly denied Feinstein's accusation on Tuesday.

He did no such thing. He denied that the CIA had "hacked" the Senate staffers, which is not what Feinstein had said at all. In fact, she explicitly stated that the CIA did not hack anyone. Instead, she said that they had improperly searched the computers, which is exactly what Brennan admitted to her in his letter, which he then released to the public.

Here's the crux of Feinstein's accusation:

Shortly thereafter, on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a "search"—that was John Brennan's word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the "stand alone" and "walled-off" committee network drive containing the committee's own internal work product and communications.

According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it.

Instead, the CIA just went and searched the committee's computers. The CIA has still not asked the committee any questions about how the committee acquired the Panetta Review. In place of asking any questions, the CIA's unauthorized search of the committee computers was followed by an allegation—which we have now seen repeated anonymously in the press—that the committee staff had somehow obtained the document through unauthorized or criminal means, perhaps to include hacking into the CIA's computer network.

And here's Brennan admitting exactly that:

Because we were concerned that there may be a breach or vulnerability in the system for housing highly classified documents, CIA conducted a limited review to determine whether these files were located on the SSCI side of the CIA network and reviewed audit data to determine whether anyone had accessed the files, which would have been unauthorized.

Is it really too much to ask the press to accurately report what Feinstein and Brennan said?

from the congressional-oversight! dept

Since the Senate spying scandal story came out last week, and then went into overdrive this week with Dianne Feinstein's public statement on the details, her counterpart in the House, Rep. Mike Rogers (a staunch defender of the intelligence community) had remained mostly quiet. He finally did an interview in which he actually admits that if the CIA broke the law, "that would be a pretty horrific situation and would destroy that legislative-CIA relationship." Relationship? Then there's this nugget, where he suggests that the CIA isn't out of control and Congressional oversight is working great:

"We shouldn't taint the whole agency. The agency is well-overseen, lots of oversight, and they're doing some really incredible work to protect the United States of America."

Well-overseen? Lots of oversight? Right. So, soon after he does this interview, McClatchy releases a story about how the CIA (with support from the White House) has been withholding thousands of documents from the Senate Intelligence Committee who is investigating the CIA's torture program. This is in relation to the report that created this scandal, the supposedly scathing report that condemns the CIA for going even further in torturing people than previously reported and revealing that the torture produced no useful intelligence. And that's without knowing what's in these other documents.

The White House has been withholding for five years more than 9,000 top-secret documents sought by the Senate Select Committee on Intelligence for its investigation into the now-defunct CIA detention and interrogation program, even though President Barack Obama hasn't exercised a claim of executive privilege.

In contrast to public assertions that it supports the committee's work, the White House has ignored or rejected offers in multiple meetings and in letters to find ways for the committee to review the records, a McClatchy investigation has found.

How's that "oversight" looking now? When the CIA can just hang onto the really embarrassing stuff just because it wants to, you no longer have "oversight." You have an agency that is free to coverup whatever it would like.

from the disgraceful dept

As the scandal over the CIA spying on Senate staffers charged with oversight of the CIA deepens, it's now come out that the White House was fully aware that the CIA was pushing forward with a criminal complaint against those very same staffers and did nothing to stop it. It's been reported that the White House is standing strongly behind the CIA on this one, and that report confirms some of the serious Constitutional/separation of powers questions that have been raised over this incident.

Having the White House be supportive of the CIA not only spying on its overseers, but then (even more ridiculously) filing a criminal complaint against those same staffers for doing their job speaks volumes about how this White House views Congressional oversight of its giant spying machine. It views it with contempt. It only reinforces how the claims that have been stated repeatedly over the past few months that there is plenty of oversight of the intelligence community are completely hogwash.

from the insanity dept

The Senate/CIA spying scandal continues to get more and more ridiculous. The latest is that it's turning into a political fight between Democrats and Republicans in the Senate, rather than what it really is: a Constitutional crisis concerning the separation of powers and the ability of Congress to oversee the executive branch's intelligence community. You would think that other Senators would line up behind Senator Feinstein's anger over the CIA directly spying on Senate Intelligence Committee staffers who were compiling a detailed report into the CIA's use of torture.

But, they're not. This first became clear when the top two Republicans on the Committee more or less spoke out against Feinstein:

Many of the Republicans on the intelligence committee didn't share her position. The panel's top Republican, Sen. Saxby Chambliss of Georgia, said he and Ms. Feinstein "have some disagreements as to what the actual facts are."

Others criticized her for airing her concerns so openly. "I personally don't believe that anything that goes on in the intelligence committee should ever be discussed publicly," said Sen. Richard Burr (R., N.C.).

Burr's comments are particularly chilling, as he's actually likely to replace Chambliss as the top Republican -- meaning that if the Republicans recapture the Senate, he's likely to take over Feinstein's job as the chair of the Intelligence Committee. Think about all the stonewalling the Committee currently does. Then picture the guy who said that quote above in charge.

And, in the last day it's gone even more haywire, as Burr and other Republicans are now trying to use this as a political gambit to claim that Senator Mark Udall (a Democrat and the one who really called attention to the CIA's actions) somehow leaked classified info in revealing the CIA's actions. According to Politico, even though Republicans have leaked far more info, they see this as a chance to attack Udall, a first term Democrat known for actually standing up for civil liberties and the rights of the public (how dare he):

Republicans say that not only has the committee’s chairwoman, Sen. Dianne Feinstein (D-Calif.), provided selective information to the public about improper CIA conduct, but they are also now pointing the finger at Sen. Mark Udall (D-Colo.).

Democrats counter that Republicans are now engaging in a partisan witch hunt aimed at hurting Udall politically and providing cover to the CIA and the George W. Bush’s administration’s handling of the controversial interrogation and detention program.

I've made it clear before few things annoy me more than partisan bickering in Congress (which is why we rarely even mention which party politicians belong to -- unless, as here, it's a part of the story). And this is a particularly stupid issue to have partisan bickering over. Senate Republicans really think that bashing Udall is a better strategy than making sure that they can have real oversight of the CIA without having the CIA spy on their own staff?

Besides even the arguments that Udall revealed sensitive information, or that it deserves an "ethics" review are incredibly weak. The concern stems from the letter Udall sent the President last week concerning the nomination of a new CIA General Counsel. In it, he mentioned the following:

As you are aware, the CIA has recently taken unprecedented action against the Committee in relation to the internal CIA review, and I find these actions to be incredibly troubling for the Committee's oversight responsibilities and for our democracy. It is essential that the Committee be able to do its oversight work -- consistent with our constitutional principle of the separation of powers -- without the CIA posing impediments or obstacles as it is today.

That reveals nothing that appears to be particularly sensitive or classified. Instead, it actually was general enough that it left many people scratching their heads. But to hear Senator Burr talk about it, he acts as if this information puts the lives of people at danger:

“I think Mark did make some public releases that were committee sensitive information, but that’s for the committee internally to handle,” said Burr. “That’s being reviewed right now.”

Burr added: “If you look historically, the committee has cleaned up any mistakes that members have made. Members can do whatever they want to. My concern is that the release of information could potentially causes the losses of life to Americans. That to me, is a threshold that should be addressed.”

Oh come on. Seriously? By mentioning the fact that the CIA searched the network of the Senate Intelligence Committee staffers, it means people will die? Who does he think he's kidding? We know that there are always ridiculous claims whenever there are intelligence community leaks about "lives in danger" (which almost never pan out to be true). But at least in those cases, there's an argument that could be made how the revelations might tie back to national security issues. There is no such thread here at all. This is not about the CIA spying on potential terrorists. It's about them spying on their overseers, and rather than recognize what this means for their own interests Senate Republicans are pretending that its putting people's lives at risk?